Colorado Department of Labor and Employment Proposes New Rules

By: Colin A. Walker

October 5, 2023

In the 2023 Colorado legislative session, the Colorado Legislature passed, and the Governor signed, a number of new workplace laws. In addition, a number of existing laws were amended in significant ways. On September 30, 2023, the Colorado Department of Labor and Employment (CDLE) proposed changes to several rules to address the statutory changes.

Employment Law Implications of SCOTUS Affirmative Action Decision

By: Colin A. Walker

September 20, 2023

As discussed in a previous blog post, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, the U.S. Supreme Court held that admissions programs at Harvard and the University of North Carolina were unlawful because they considered race in making admissions decisions. While this case applied to college admissions, it did not take long for the impact to be felt in the realm of employment law. 

U.S. Department of Labor Proposes Rule Increasing Salary Threshold for Exempt Workers

By: Colin A. Walker

September 7, 2023

On August 30, 2023, the U.S. Department of Labor proposed a rule which would increase the federal salary threshold for exempt workers from $35,568 to $55,068 annually. The law will not become effective until and unless it proceeds through the federal rulemaking process. However, the proposed rule is the first step in that process. 

Fail to Honor Your Obligations and Lose the Right to Enforce Restrictive Covenants

By: Adrian P. Castro

August 23, 2023

Covenants not to compete and other restrictive covenants can be enforceable under some circumstance, as discussed in previous posts on this blog. But, what happens if the employer fails to live up to its contractual obligations to employee? In this post, Adrian Castro discusses a recent Colorado case that sheds light on the subject.

Service Animals and Emotional Support Animals in the Workplace

By: Colin A. Walker

August 10, 2023

What should an employer do when an employee asks to bring an animal to work in connection with a health issue? The answer depends in part on whether the animal is a service animal or an emotional support animal (sometimes called a “comfort animal” or “companion animal”). 

New Colorado Law Prohibits Non-Disparagement and Non-Disclosure Agreements which Prohibit Disclosure of Unfair Employment Practices

By: Colin A. Walker

July 26, 2023

On August 7, 2023, the “POWR” Act will go into effect. As discussed in a previous blog post, this new law will change the law of workplace discrimination and harassment in many ways. In some cases, the implications will not be clear until Colorado courts issue opinions construing POWR’s provisions. However, it is clear that it will be very difficult to have a non-disparagement, non-disclosure, or confidentiality agreements in separation agreements and employment settlement agreements in Colorado. 

Supreme Court Changes Standard for Religious Accommodation

By: Colin A. Walker

July 21, 2023

Under Title VII of the Civil Rights Act of 1964, the primary federal employment discrimination law in the United States, employers are required to make reasonable accommodations for religious practices. For example, in 2015, the Supreme Court held that Abercrombie & Fitch was required to allow a Muslim employee to wear a headscarf while working.

Supreme Court Strikes Down College Admissions Programs which Give Preference Based on Race

By: Colin A. Walker

July 5, 2023

On June 29, 2023, in an opinion written by Chief Justice Roberts, which five other justices joined, the U.S. Supreme Court struck down admissions programs at Harvard University and the University of North Carolina because they considered race as a factor in admitting applicants. The Court held that the programs violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and Title VI of the Civil Rights Act of 1964. 

The History of Laws Protecting LGBTQIA+ Workers from Discrimination and Harassment in the Workplace in Colorado

By: Colin A. Walker

June 30, 2023

As Pride Month draws to a close, it may be good to recall the history of protection of LGBTQIA+ workers. As in most states, until recently, there was no legal protection of LGBTQIA+ workers in Colorado. Then, in 1990, the Denver City Council passed an ordinance making it illegal to discriminate or harass employees on the basis of sexual orientation in the City and County of Denver. But, that law did not apply outside the City and County of Denver.

Are No-poach Agreements Legal?

By: Colin A. Walker

May 31, 2023

A no-poach agreement is an agreement between employers not to hire each other’s employees. Such agreements have an obvious negative impact on competition for labor and employees’ ability to find work, usually unlawful under antitrust laws. However, under some circumstances, they can be permissible. 

Colorado Legislature Passes Amendments to Equal Pay for Equal Work Act

By: Colin A. Walker

May 17, 2023

In 2019, the Colorado Legislature passed the Equal Pay for Equal Work Act (the Act), which went into effect January 1, 2021. The Act contained provisions regarding gender-based wage discrimination claims (paying employees of one gender more than employees of a different gender), pay “transparency” and “opportunities for advancement and promotion.” Soon thereafter, the Colorado Department of Labor and Employment (CDLE) enacted Equal Pay Transparency Rules (EPT Rules) which explained and expanded upon the transparency and opportunities provisions of the Act.

The End of COVID Public Health Emergency Leave

By: Colin A. Walker

May 11, 2023

On Thursday, May 11, 2023, the federal public health emergency, imposed in response to the COVID pandemic, will end. Click here to read more. Colorado’s public health emergency ended earlier this year. Click here to read more. 

Additional Posts

FTC Bans Almost All Employee Noncompete Agreements: But Will the Rule Stick?

U.S. Supreme Court Holds that Job Transfer Can Be Discriminatory, Even if it Does Not Affect Pay or Benefits

Can an Employee Keep Copies of Documents as Evidence of Claims Against an Employer?

CDC Changes COVID Guidance

Does an Employer Have to Allow Employees to Review their Personnel Files?

In with the Old: Department of Labor Reinstates Prior Independent Contractor Classification: Employers Beware!

Colorado’s New Family and Medical Leave Law Goes into Effect

Colorado Department of Labor and Employment Proposes New Rules

Employment Law Implications of SCOTUS Affirmative Action Decision

U.S. Department of Labor Proposes Rule Increasing Salary Threshold for Exempt Workers

Fail to Honor Your Obligations and Lose the Right to Enforce Restrictive Covenants

Service Animals and Emotional Support Animals in the Workplace

New Colorado Law Prohibits Non-Disparagement and Non-Disclosure Agreements which Prohibit Disclosure of Unfair Employment Practices

Supreme Court Changes Standard for Religious Accommodation

Supreme Court Strikes Down College Admissions Programs which Give Preference Based on Race

The History of Laws Protecting LGBTQIA+ Workers from Discrimination and Harassment in the Workplace in Colorado

Are No-poach Agreements Legal?

Colorado Legislature Passes Amendments to Equal Pay for Equal Work Act

The End of COVID Public Health Emergency Leave

Colorado Legislature Passes Significant Changes to Workplace Harassment Laws

When Does Colorado's New Law on Covenants Not to Compete Require Written Notice?

NLRB Ruling Holds Confidentiality and Non-Disparagement Clauses Violated National Labor Relations Act

Fair Workweek Bill Fails in Colorado Legislature

POWR Bill Introduced in Colorado Senate

Supreme Court Confirms Strict Compliance Required to Exempt Highly Compensated Employees From Overtime Regulations

Denver Enacts New Wage Theft Ordinance

FTC Proposes Rule Banning Non-Compete Agreements for All Employees

Public Health Emergency Leave Expanded to Include Flu and other Respiratory Illnesses

Supreme Court Hears Affirmative Action Cases

Changing Times Creates Employment Law Minefield: Summary on Recent and Upcoming Changes to Employment Law

U.S. Department of Labor Proposes New Rule Regarding Independent Contractors

Criminal Issues in the Workplace

New Employment Laws Go Into Effect August 10, 2022

Lobbying and Employment Law

New Law Requires Notice of Reason for Termination

Is Hair a Protected Class?

2022 Colorado Legislative Session Brings Big Changes to Employment Law

Forced Arbitration Injustice Repeal Act (“FAIR Act”)

Does Your Company Need a Privacy Policy?

IT Forensics: Technology Security Issues That Employers Should Keep Top of Mind

“Sticks and stones can break my bones, but names can never hurt me…” Should Non-Disparagement Provisions be Included in Employment Agreements?

United States Women’s National Soccer Team Secures Historic $24 Million Equal Pay Settlement

Senate Passes Landmark Bill Ending Forced Arbitration of Workplace Sexual Harassment and Assault Claims

Can You Provide Different Benefits to Different Employees?

Happy New Year: Ready or Not, Here Comes 2022!

Senate Bill SB 21-217

Sixth Circuit to Preside Over Challenge to OSHA Vaccine Mandate

Court of Appeals Issues Temporary Stay of OSHA Vaccine Mandate

Navigating A Patchwork of Employment Laws: An HR Perspective

How A Recently Overturned Colorado Supreme Court Law Affects Employers

Dealing with A Patchwork of Employment Laws: Colorado Checklist 

Employment Law for Boards of Directors

Terminations

Recap of Employment Law in the 2021 Colorado Legislative Session

HR and Employment Law Considerations for Returning to Work After COVID-19

Litigation

Tips for a Successful Partnership with Your Employment Lawyer

Employment Law for Start-Ups

Can Employers Force Employees to Return to the Workplace?

Separation Agreements

Bill Introduced in Colorado Legislature Would Substantially Expand Employment Discrimination Law

Considerations for Departing Executives

Measures to Reduce Risk upon Separation

Colorado Statute Limits Use of Employee’s Personal Social Media Accounts for Business Purposes

Traps for the Unwary Executive or Founder When Offering Securities

Tax Considerations with Severance Pay: Section 409A

New Colorado Requirements for Job Postings Outside of an Employer's Organization

Termination of the Employment Relationship

Employment Law Changes To Expect Under the Biden Administration

Attorneys’ Fees Provisions

Golden Parachute or Golden Handcuffs?

CDLE Invokes Public Health Emergency Provisions of Healthy Families and Workplaces Act for 2021

Arbitration Agreements

Choice of Law and Venue

Newsflash: Pay Equity Law Goes Into Effect

Intellectual Property

I’ve been offered stock options. What should I do before I accept them?

Paid Family Leave Ballot Initiative Passes in Colorado

Issuing Stock Options

Garden Leave

Non-Compete/Non-Solicitation Agreements

Employment Agreements

Newsflash: State Paid Leave Legislation

Independent Contractors

Duty of Loyalty

Commissions and Non-Discretionary Bonuses

Deferred Compensation